DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

091079P.pdf   03/04/2010  Tyler Keup  v.  F. X. Hopkins
   U.S. Court of Appeals Case No:  09-1079
   District of Nebraska - Lincoln   
   [PUBLISHED] [Riley, Author, with Smith and Gruender, Circuit Judges]
   Prisoner case - prisoner civil rights. Prisoner's claims were not mooted
   by amendments in prison policy; defendants failed to raise an exhaustion
   defense at trial, and the defense was waived; prisoner prevailed on some
   of his claims and was a prevailing party for purposes of an award of
   attorneys' fees; where prisoner received a damage of $1.00 and no
   declaratory or injunctive relief, 28 U.S.C. Sec. 1997e(d)(2) caps his
   attorneys's fees award at $1.50, and the district court erred in awarding
   him $25,000.